A Regular Army Interim Guide for Commonwealth Citizens and their Families
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A Regular Army Interim Guide for Commonwealth Citizens and their Families Edition No 1 dated 8 Feb 08 Distributed by the Overseas Cell Recruiting Group to successful applicants called forward for Regular Army recruit selection and by units to serving Commonwealth citizens and their families. Also available on the AGweb and the Army Internet Welfare and Families page Sponsor: SO2b PS4(A) DPS(A) Tel Mil: 94344 Ext 5958 Civil +44 (0)1980 61 5958 1
Useful Telephone Numbers Your nominated Unit Welfare Officer - your first point of contact for routine enquiries Your nearest HIVE - help, information and Online at www.hive.mod.uk signposting to support agencies. or phone 01722 436498 Army Welfare Information Service - confidential 01722 436569 information and access to the Army’s Welfare Service Confidential Support Line - personal support from 0800 7314880 (UK) a confidential telephone support worker. Interpreting +44 (0) 1890 630854 facilities exist for callers whose language is other than English Joint Casualty and Compassionate Centre - +44 (0)1452 519951 Emergency casualty and compassionate support (in the case of death, injury or illness of the soldier or their immediate family) Write down your soldier’s contact details here, (You may need them later) Full name __________________________________________________ Rank ________________ Regimental number ____________________ Unit name__________________________________________________ Unit contact telephone number_________________________________ Unit address_________________________________________________ ____________________________________________________________ 2
Contents The contents of this guide are designed to provide general advice and ensure you have the most up to date information. In most cases for Army information this should be sought from your unit or in the case of UK immigration or visa matters, the UK Home Office. Section Topic 1 Introduction 2 Gathering information 3 Recruitment into the British Army from Overseas 4 Your Immigration Status whilst with the British Army 5 About the British Army • Army Pay, Allowances and Compensation • Single Service Parents and Couples where both Parents are Serving Personnel 6 About the United Kingdom (UK) 7 Assignments outside the United Kingdom 8 The UK Visa Entry Clearance Process • UK Visa Applications • Procedures at UK Customs and Immigration Control • UK Visa Refusal 9 Passport and Visa Renewal in the UK, Settlement and UK Naturalisation 10 Visitors, Children from Overseas, Marriage and Civil Partnership. 11 Living – the basics • Housing • Education • Healthcare • Employment and UK State benefits • Money matters 12 Living – other things to consider • Adult Education/Training Opportunities • Safeguarding Children and Childcare • Holiday/Leave/Private Travel • Driving and Car Insurance • Families Identity cards • Birth Status of Children • Keeping in touch – Emergencies 13 Sources of Support 14 Returning to Civilian Life • Resettlement/Discharge from the British Army • Relationship Breakdown • Widows, Wodowers and Orphans • Returning to Country of Origin at end of Service 15 Army Abbreviations 16 Sources of Information 3
Section 1 Introduction This guide has been prepared to help Commonwealth citizens and their families during the time that they are with the British Army 1 . If you are reading this guide you may be thinking about joining the British Army from overseas, be a family member planning on joining your soldier in the UK or already be together in the British Army. The British Army family is currently made up of citizens from some 50 different nationalities and will do all that it can to assist you and your family with integrating into the British Army way of life. This guide is part of that assistance. It focuses on spouses and civil partners 2 , however parents of single soldiers and single soldier’s partners may also find it useful as a guide of who to turn to for help. Not all of the information here will be relevant to everybody – but keep it handy in case you need it later. If you are a family member start by writing your soldier’s details on the inside front cover as you will need them nearly every time you make a phone call about them to someone in the Army. Your friends and family will probably be your strongest support network, however, if you have any issues you feel unable to handle, or you just need to talk, please remember that there is always someone in the Army you can turn to for advice and support. Your first point of contact, as a soldier or family member for most welfare matters will normally be a Unit Welfare Officer. They are there to support members of the Army and their families. They are trained to provide welfare support and offer a confidential service. Put their phone number in the front of the book as well. If you do not know who they are your serving soldier should provide you with the contact details. You can also use the other numbers inside the front cover if you need to. The Home Office regularly updates their information about UK entry clearance and visa matters. Those using this guide are advised to confirm they have the most up to date information by checking either with an Army Recruiting Office, their Army unit or with the appropriate UK Government Department website on the Internet. If you need advice or information or wish to complain or appeal about UK visa matters you should do this if overseas from the nearest British High Commission, UKvisas, the Borders and Immigration Agency or a qualified immigration advisor. Contact details for all of these sources of support can be found at the end of this guide. 1 Throughout the booklet the term serving soldier is used. This is a generic term used to cover officers and soldiers, male or female of any Regiment or Corps. 2 UK law recognises same-sex couples who have registered a legally recognised partnership with each other in a civil ceremony in accordance with the Civil Partnership Act 2004. Such couples receive the same eligibility to Service allowances as those who are married. 4
Section 2 Gathering Information Prior to making any decision to travel to the United Kingdom (UK) you should gather together as much information as possible about the British Army and moving to and living in the UK or in some cases other parts of Europe. There is a wealth of information available from the Internet for instance via British High Commission websites, the British Council and it’s libraries or websites such as i-uk. You will also find it useful to visit the websites of UKvisas, the UK Home Office, Borders and Immigration Agency (BIA) and the UK Ministry of Defence (MoD). In addition the websites of the British Army, the Army Families Federation, HIVE and the Army Welfare Service contain information and topics of interest helpful to anyone joining the British Army along with their families. A list of the most useful websites can be found at the end of this guide. Section 3 Recruitment into the British Army from Overseas Generally, Commonwealth citizens living outside the UK make a request to Recruiting Group (RG) to join the British Army by fax, letter, telephone call or e-mail. Subsequently, they are sent an application pack. Once returned, RG Overseas Cell staff assesses and screens the application. Successful applicants are sent a call forward letter to the UK (copied to the appropriate British High Commission Visa Section). Applicants then have 4 months to travel to the UK at their own expense, which includes both travel and accommodation in the UK and any visa costs. Applicants should be aware that if they fail the recruitment process they will still need to comply with the terms of their visas. Similarly, should they fail initial training and be discharged from the Army, immigration controls are re-imposed by the BIA and it is an individual’s own personal responsibility to either submit an application for further leave to remain in the UK (including the appropriate application fee), or leave the UK (at their own expense). Gurkhas are recruited through specific arrangements and are selected and enlisted in Nepal. If they fail to pass initial training and are discharged from the Army they will be returned to Nepal at public expense. Commonwealth applicants from overseas may require a sponsor in the UK in order to apply for a UK visitor’s visa (normally valid for 6 months). This is a Home Office requirement and RG checks with sponsors to ensure that they understand their 5
responsibilities. This may include providing, support and accommodation during the selection process in the UK and can take from 6 to 12 weeks. Applicants on arrival in the UK are required to report to a nominated Armed Forces Careers Office within 3 days of arrival in the UK. They are then processed in the same way as British applicants taking various literacy and numeracy, medical and selection tests at Army Development and Selection Centres (ADSC). Applicants who have been pre-selected by an Overseas Pre-Selection Team (OPT) in their country of origin (for instance Fiji) are called forward to the UK at their own expense in groups directly to ADSC Pirbright. If successful they will be recruited immediately and sent to start their training. Soldiers are paid from the date they enlist at a training establishment. After enlistment into the regular Army, under unit arrangements, non-British passports are sent with a covering letter from the unit, (no application form or fee is required) to the Home Office department which deals with the endorsement of passports for Exempt Armed Forces Personnel. This provides a free ‘Exempt UK Immigration Control’ passport endorsement, normally inserted into the Service person’s passport. Section 4 Your Immigration Status whilst with the British Army At the point that a non-British citizen enlists into the British Army they automatically become exempt from UK immigration control under Section 8(4)(a) of the Immigration Act 1971. Whilst serving as non-British citizens, the BIA provides a free ‘Exempt UK Immigration Control’ passport endorsement. This exemption suspends any existing UK visa restrictions, whilst the individual is serving in the Army. Eligible family members planning to travel to the UK as dependants of a non-British Service person may consider applying for an ‘Exempt Armed Forces Dependants Visa’. These UK visas currently cost £200 per person and are normally paid by the sponsor (the serving soldier) or the applicant. They may be granted for up to four years depending on the length of service of the Serviceperson sponsor or the time they will be serving in the UK. Citizens of some Commonwealth countries are not required to apply for UK visas if visiting the UK for six-months or less, but will still need to demonstrate to UK Immigration Officers that they satisfy the immigration rules on arrival. Those meeting the criteria may subsequently apply for Exempt Armed Forces Dependants visas (currently £395) once in the UK. You are advised to confirm your specific requirements with the British High Commission in your country of origin or with UKvisas or the Borders and Immigration Agency. More 6
information is in Section 8 of this guide and contact details of which are at the end of this guide. Section 5 About the British Army When a soldier or their spouse or civil partner joins the Army or a person marries or enters into a civil partnership with a soldier, they become part of an Army Family. The immediate group you belong to is often called a Regiment, Corps or Unit and is like a smaller family within the Army family. Most people develop very strong ties of loyalty to this group. The Army believes that stability of family life is of great importance for its personnel and encourages accompanied service wherever practicable. This means that a family can normally go wherever the serving spouse is assigned, including overseas, although in some cases, for instance on training or military operations, this is not possible. The Army carries out tasks given to it by the democratically elected Government of the United Kingdom (UK). Its main job is to help defend the interests of the UK, which consists of England, Wales, Scotland and Northern Ireland. This may involve service overseas as part of a North Atlantic Treaty Organisation (NATO) Force or any other multi-national deployment. Soldiers may also be deployed on United Nations (UN) operations and used to help in other emergencies. The list below shows how a regiment fits into the Army and how Government controls the Army. • The Queen • The Government • Parliament • Ministry of Defence (MoD) - Secretary of State for Defence - Ministers • Army Board • Chief of the General Staff • Commands • Divisions (about 20,000 soldiers). • Brigades (about 5000 soldiers). • Regiments/Battalions (about 700 soldiers). • Companies/Squadrons/Batteries (about 120 soldiers). 7
• Platoons/Troops (about 30 soldiers). Since 1949 the UK has belonged to the North Atlantic Treaty Organisation (NATO). NATO aims to provide a common defence for all Western Europe, including the UK. British Army personnel serve in garrisons in Germany, Brunei, Cyprus, Gibraltar and the Falkland Islands. In addition they are deployed on operations worldwide, for instance to the Middle East and Afghanistan. So a soldier: • is on duty 24 hours a day, 7 days a week - and that is how their pay is calculated. • can be away from home at weekends, on public holidays, religious festivals, birthdays, and for longer periods. • can be in danger - from an enemy or because of the type of work they do. But has... • regular pay, and pay rates which are reviewed every year by an independent Armed Forces Pay Review Body. • longer holidays than most civilians - the Army word for holidays is "leave". • a place to live. • people to ask for help and advice. Army Pay, Allowances and Compensation Army Pay Army pay is determined by rank, profession/branch or trade, qualifications held and satisfactory performance. Soldiers will be able to find out their details from their unit administrative office and their monthly pay slip or via ArmyNET. Army Allowances Allowances exist to ensure that soldiers receives financial recompense for the additional costs incurred through the additional challenges of Service life. Rates are available on ArmyNET or through unit administrative staff. Annual Leave Annually soldiers are eligible for 30 working days leave. Forces Railcard Although not an allowance, soldiers are entitled to purchase a Forces Railcard for themselves and their spouse/civil partner which provides discounted rail travel. Railcards are available from unit administrative staff. There is 8
a small fee, a requirement for a passport sized photograph and once issued may provide for discounted rail travel in the UK. Compensation Serving personnel or Veterans can apply for compensation if they have an illness or injury and service is the only or main cause. The scheme under which you can claim depends on whether the period of service was before or after 6 April 2005. The schemes are administered by the Service Personnel and Veterans Agency (SPVA). For more information about either pension options and compensation schemes, visit (www.veterans-uk.info) or ring the SPVA helpline on UK 0800 169 2277 or overseas +44 1253 866043. Enquiries All enquiries about Army pay, allowances and pensions matters should be made by the soldier to their unit administrative or welfare staff in the first instance. Where this is not practicable, it is possible to contact the Joint Personnel Administration Centre -Enquiry Centre by email JPAC@afpaa.mod.uk phone 0800 0853600 or fax on 0141224 3586 though data protection issues will affect the amount of personal information that can be provided to third parties. Single Service Parents and Couples where both Parents are Serving Personnel The Army has a vested interest in helping soldiers balance the needs of their employment with their family life. However as soldiers, serving parents must be available for deployment at anytime and so have personal responsibility for ensuring that they have robust arrangements in place to care for their children, should they need to be away from home. Key to this is making arrangements well in advance and ensuring that advice and support is sought from either the Unit Welfare staff or the Army Welfare Service. If during a deployment any children are to be left in the care of someone who is not a close relative for a period of over 28 days this is called private fostering. There are legal requirements in the UK to notify the local authorities to ensure the child receives the best possible care. The Army Welfare Service, the British Forces Work Service overseas or your UK Local Authority Children Services department will be able to provide you with more advice. Section 6 About the United Kingdom (UK) Law and Culture The UK has a diverse culture, including a number of ethnic minorities and citizens of Commonwealth, European Union and many other counties from around the world. The social culture and laws in the United Kingdom may be different to those in your own country and whilst we respect your right to follow your 9
own cultural practices you must comply with UK law where it is different to the law in your own country. UK laws are designed to preserve and protect quality of life whilst bringing to justice those who commit offences. Equality and Diversity and Domestic Abuse UK laws include for instance legislation promoting equality of opportunity and making racial discrimination illegal and are designed to ensure equal treatment of all irrespective of gender, race, religion, belief or sexual orientation and tolerance towards minority cultures and the protection of children. As an example the UK has laws to prevent ‘Domestic abuse, so anyone that who is violent towards their partner whether man or woman, married or living together can be prosecuted for a serious offence such as assault or grievous bodily harm. Abuse includes emotional abuse such as constantly belittling your partner or denying them money as a form of control. Domestic abuse may also include behaviour that impacts on children. UK Immigration law UK Immigration laws are designed to enable those with legitimate reasons for entering the UK access, whilst ensuring that those who are here illegally or in breach of the conditions of their visa are brought to justice. Parenting In the UK parents have a responsibility to protect their children and this includes not leaving them at risk of any significant harm. This needs to be considered especially in terms of leaving children unattended. If a child comes to any harm, or is perceived to be at risk of harm, while left unattended then the parent, or agreed adult carer, will face consequences and this may include prosecution. In UK society parents/carers are not allowed to physically harm their children regardless of any individual cultural or religious justification. In UK law whilst reasonable force is permitted to discipline a child, if the punishment is too severe, individuals can be prosecuted for assault or the child may be taken into care by the local authority. Men and Women In addition, men and women have equal rights, status and mix easily. Many women are very independent and will socialise freely with men. However this does not mean they are willing to enter into sexual relations. Weather The UK has a temperate climate with marked changes between the Winter, Spring, Summer and Autumn seasons. The temperatures in Britain are usually calculated in degrees Celsius (C), rather than Fahrenheit and the average daytime winter temperature is 4ºC with some nights dropping to –5ºC or lower. July and August are usually the warmest months with maximum temperatures of 30- 32ºC. October is usually quite wet. Further Information Her Majesty’s Stationery Office produces a publication entitled ‘Life in the UK’. It is available through Army Libraries and provides background material for those preparing for UK Naturalisation. In addition the i-uk website jointly funded by the UK Foreign and Commonwealth Office, the British 10
Council and UK Trade and Investment, provides a wealth of information on UK, business, cultural and educational resources. Section 7 Assignments outside the UK After a soldier has completed initial training, they and any immediate accompanying family may be assigned outside the UK for instance to either Germany or Cyprus. Official travel will normally be organised for you by your unit through the Defence Passenger Reservations Centre and may include air travel on a specially charted civilian flight. Your family will also have to adhere to the immigration rules of the country you are entering and have the necessary visa or Status Of Forces Agreement (SOFA) stamp in Germany or Treaty of Establishment stamp in Cyprus. The costs of visas for travelling on official journeys will normally be covered by public funds. You can also obtain information on the area you are going to from a HIVE information centre or the Army Welfare Information Service. Partly for your protection, your spouse and children will also become subject to some parts of military law so that the Army may deal with cases rather than the local civilian court and both service and Ministry of Defence police jurisdiction. If soldiers or their immediate family require special medical treatment or have a Special Educational, Additional Need or Disability you should register this with the unit as soon as possible as the required support cannot always be provided outside the UK. If you wish to travel privately outside the area you are assigned to, you will have to ensure that you have the required visas. Within Europe some countries can be accessed through a single visa known as a ‘Schengen’ visa (apart from the UK). Information on visas for private travel can be found on the appropriate Country’s immigration department or embassy website. For those F&C personnel and dependants already resident in Germany HQ UKSC(G) have an agreement with the Bezirksregierungen (District Government) in Lower Saxony, through the British Forces Liaison office, (this covers the 7 Armd Bde area; Bergen-Hohne, Celle, Fallingbostel, Hameln & Hannover) to issue 'time-limited' residence permits (Aufenthaltsbewilligungen) to non-EU dependents of members of the British Forces in Germany. SOFA Status Certificate entitles them to reside in Germany a resident permit allow them 'free' movement to, and through other Schengen countries - thereby negating requirement for a Schengen visa. Work is in hand to extend this to other parts of Germany. Spouses or civil partners planning on working in a country outside the UK must comply with the local employment legislation and are advised to check the impact of non-UK nationality, either through the Service or civilian employment agencies in 11
the countries concerned including requirements for Criminal Record Bureau Checks. Section 8 The UK Visa Entry Clearance Process In applying to come to the UK from another country, soldiers and their families follow exactly the same procedures as anyone else applying for entry clearance from that country. Potential members of the British Army and their immediate family members receive the same priority as all other applicants. You are also responsible for the cost of any travel to the UK associated with joining the British Army (and return if unsuccessful) or at the end of your service career. Individuals should contact their nearest British Mission, Embassy or High Commission or visit the UKvisas website www.ukvisas.gov.uk for more detail on the visa application process and application forms. The British Army is normally unable to intervene on behalf of individual applications. For those who wish to seek further immigration advice, the Office of the Immigration Services Commissioner provides lists of authorised immigration advisors. Details of their website are at the end of the guide. UK Visa Applications Family members from overseas should consider joining their serving spouse after they have completed initial training and become eligible for Service Families Accommodation (SFA) (more detail in the Housing paragraph in Section 11). This may reduce the costs incurred when compared to paying for private accommodation. Whilst the visa you enter on is a matter of personal choice, potentially the most cost effective way, if already legally married or in a civil partnership, is to apply for an Exempt Armed Forces Dependants visa. You will need to check your specific requirements carefully with the British High Commission concerned, as the general guidance given here is subject to change and differs between Commonwealth countries. Family members have to pay for their entry clearance visas and subsequently for any extension required in order to remain in the UK. Application forms, fees and additional details are available from the UKvisas or local British High Commission websites. UKvisas also provide information and fact sheets on how to make an entry clearance application. Soldiers may sponsor applications from their dependants or visitors from overseas. They will need to ensure that their dependants’ application(s) is/are accompanied by sufficient supporting evidence. Advice for sponsors and applicants on the process and evidence to include with applications is contained in the UKvisas 12
sponsors and visitors guides available from the UKvisas website. Examples of supporting documents which sponsors and their dependants could provide are: • A letter from the sponsor (the soldier) confirming his or her occupation and salary and how they will be providing support and accommodation for the applicant and any accompanying children. • Evidence that the sponsor is in the UK, such as a copy of the bio data page (photo) of their passport and their Exempt from Immigration Control Stamp. • Sponsor’s recent (for example six months worth of) pay slips and bank statements or savings books to show what financial support is available and how travel to the UK etc will be paid for. • Evidence of accommodation, such as a rental agreement, and evidence that applicant's dependants can stay in this accommodation if it is rented or provided by the local authority. • Evidence that sponsor and applicant are related supported by, original birth/marriage/civil partnership certificates plus emails, photographs, letters, phone bills, birthday cards, money transfer invoices if appropriate. • A unit letter (in the case of dependants). Soldiers’ dependants will need to decide what type of UK entry visa best suits their needs. For those non-British dependants planning to travel to the UK as dependants of a non-British Service person they may wish to consider using UK Visas Form VAF 2 (Employment Form) and applying for an ‘Exempt Armed Forces Dependants Visa’. This can be done at Part I of the form, ‘What type of visa are you applying for’ by putting a cross in the ‘other (please specify)’ box and writing ‘Exempt Armed Forces Dependants Visa’, in full, in the space provided. These UK visas currently cost £200 per person, normally paid by the sponsor or the applicant, and may be granted for up to four years depending on the length of service of the Serviceperson sponsor or the time they will be serving in the UK. Citizens of some Commonwealth counties are not required to apply for UK visas if visiting the UK for six-months or less, though they still need to demonstrate to UK Immigration Officers that they satisfy the immigration rules on arrival. Those meeting the criteria may subsequently apply for Exempt Armed Forces Dependants visas (£395) once in the UK. This route may however be more expensive than applying for an Exempt Armed Forces Dependants visa from their country of origin (£200). Both visas may be valid for up to 4 years depending on the serving soldier’s length of service. Details of the UKvisas website for application forms, a list of countries requiring visas for UK visits or transiting the UK and the UKvisas helpline are listed at the end of the guide. Those overseas can also seek advice from the nearest British High Commission. 13
In some countries applicants will need to provide 'biometric' information as part of the visa application process. This biometric information consists of scans of all 10 fingers, like a digital fingerprint, and a full-face digital photograph. Applicants will have to go to the nearest visa application centre in person to provide this biometric information. In those countries where there is no visa application centre, they will need to go to the nearest British Diplomatic post. Visa applications will not be processed until applicants have provided the necessary biometric information. The finger scans are electronic, so staff do not need to use any ink, liquid or chemicals. A digital photograph will be taken at the same time and the whole procedure should take no more than five minutes to complete. Applicants will need to make sure that they do not have any decoration (such as henna), or any cuts or other markings on fingertips before having finger scans. They should also be advised that any cuts and bruises on faces must have healed or disappeared before photographs are taken. Digital photographs must be of the full face and should not include a hat or any other head covering (unless worn for cultural or religious reasons). Procedures at UK Customs and Immigration Control UK Immigration Officers (IO) administer border control, security and entry clearance at UK ports and part of their duty is to establish that all in-coming passengers are who they say they are. This is particularly important given the current emphasis on both immigration and security and the potential for the use of either forged documentation or impersonation as a route to illegal entry to the UK. Non-British citizens serving in the Army and their families (and all those with non-EU passports) are therefore subject to checks on arrival at UK seaports and airports. These checks may involve an element of delay, to allow an IO to confirm the facts with an Army unit duty officer, and should not be considered unreasonable. Non-British citizens serving in the British Army and their families are advised to ensure they have the right travel documentation (valid passports and visas and in the case of families in Germany a Status of Forces Agreement stamp and Cyprus a Treaty of Establishment Stamp). When travelling within and through NATO countries, soldiers may also present a MoD identity card and a NATO Travel Order to assist IOs with their responsibilities. In addition, if requested to provide additional identification by UK immigration officers, individuals should be prepared to provide a unit 24-hr telephone POC (unit Guard Room or Duty Officer) to enable IOs to verify identity without undue delay. In addition www.iris.gov.uk provides information about registering for an iris scan with the UK immigration authorities (this includes those Exempt from Immigration Control and accompanying dependants over 8 years with the appropriate visas). This facilitates access to the UK via Heathrow, Gatwick, Birmingham and 14
Manchester airports through an eye scanner system without having to go through the normal passport control (as long as the scanner is working). More detail is available on the IRIS website. UK Visa Refusal If a UK visa is refused individuals are encouraged to deal directly with the UKvisas or Borders and Immigration Agency appeal process or complaints process where appropriate. Should a UKvisa application be refused, the applicant will be provided with a letter of explanation, which will include details of the appeals procedure if appropriate. Sponsors of families considering appealing should consider seeking qualified legal advice. The Office of the Immigration Services Commissioner (OISC) is an independent public body set up under the Immigration and Asylum Act 1999, and is led by the Immigration Services Commissioner. The OISC is responsible for ensuring that all immigration advisers fulfil the requirements of good practice and is committed to the elimination of unscrupulous advisers and the fair and thorough investigation of complaints. Soldiers seeking immigration advice are recommended to ensure the advisor they use is qualified and regulated by OISC, sources of which are at the end of this guide. In the UK a local Citizen's Advice Bureau can also provide signposting to qualified immigration advisors. The Asylum and Immigration Tribunal (AIT) hear immigration appeals. The website for the AIT is at www.ait.gov.uk. An independent immigration judge in the UK, will review the appeal evidence, listen to arguments from both sides and make a decision. Appeals procedures will normally be explained in any written notice of refusal. UKvisas websites also provide information and fact sheets on how to appeal. Section 9 Passport and Visa Renewal in the UK, Settlement and UK Naturalisation Passport renewal Individuals are responsible for replacing passports due to expire in accordance with their own country passport renewal/replacement instructions. Details can normally be found on Embassy or consulate websites and will include requirements for reporting missing or damaged passports to the police. The cost of replacement passports normally falls to the individual, however where passports are required for official travel the cost (inclusive of any visas) may be provided by the MoD, details should be checked with unit pay staff. The importance of maintaining a valid passport particularly for newborn children cannot be overstated. Where non- British passports are lost or damaged and can only be replaced overseas, it is normally possible for individuals to seek emergency travel documentation which enables one way travel from the UK to country of origin. Details should be sought 15
from the Embassy or consulate concerned. The UK Borders and Immigration Agency also provide similar one-way travel documentation. Details can be found on their website. UK Visas renewal Up to 28 days prior to initial ‘Exempt Armed Forces Dependants visas’ expiring, those wishing to remain in the UK may apply for ‘Further Leave to Remain’ in the UK. Applications are submitted on BIA form (FLR(O)). Currently, applications cost £395, paid for by the sponsor or applicant. The spouse/civil partner and accompanying children under 18 can all apply on the same form. Applicants will need to provide evidence that their sponsor is a Service person (original passport including exempt immigration control stamp). Accompanying dependants over 18 need to apply on a separate form and pay the appropriate fee. If through operational deployment this should not be possible, units should seek advice from the Armed Forces Team at the BIA to see if a certified copy will suffice. The use of recorded delivery mail is recommended and photocopies should be kept of all documents submitted. Details of the BIA website for application forms and the BIA helpline are listed at the end of this guide. Routes to ‘Settlement’ and UK Naturalisation. Since 22 Nov 06 eligible Commonwealth citizens serving in the Regular element of the UK Armed Forces have been able to count their service, at home and overseas, towards the 5 year residency criteria for applications for British citizenship whilst still serving providing they meet the other Home Office criteria 3 . Applications including passing the ‘Life in the UK Test’ and the payment of the fee, are a personal matter between the individual and the Home Office. Once the serving soldier has successfully gained UK citizenship, dependants may initially apply for 2 years’ leave as the spouse/civil partner of a British citizen and then settlement also known as Indefinite Leave to Remain (ILR). ILR normally gives recourse to public funds and generally precludes the need to purchase further UK visas. Once dependants have obtained ILR, they too may apply for naturalisation providing they have by that stage been resident in the UK for at least 3 years. Time spent accompanying their spouse on service overseas may also count towards the three-year UK residency requirement. Additional detail is available on the Army’s Commonwealth citizens and their families and BIA websites, details of which are at the end of this guide. Dependent spouses/civil partners may also apply for ILR in line with an application for settlement lodged by their discharged spouse/civil partner or in their own right if they have been continuously resident in the UK for 10 years or more. Once granted settlement and provided that they meet the criteria for UK naturalisation, spouses/civil partners may then apply for UK Naturalisation. The Army has raised the subject of simultaneous applications where one of the applicants is a serving soldier. The Home Office response has confirmed the current situation explaining 3 Which include also good character and actually being in the UK on the date five years prior to the application being submitted. 16
that because soldiers and their accompanying dependants are treated under different provisions within UK immigration legislation, simultaneous applications for UK naturalisation are not possible. Application forms, fees and guides may be obtained from the Home Office website. Gurkha personnel are not included in the above policy as they remain Nepalese citizens whilst serving with the Brigade. Gurkhas seeking British citizenship may do so either by transferring to the wider Army after 5 years service (when they can take advantage of the UK naturalisation policy), or after discharge, by initially applying for settlement and then naturalisation as a British Citizen. Again their service period counts towards the relevant residency requirement. Section 10 Visitors, Children from Overseas, Marriage and Civil Partnership Visitors. If soldiers decide to sponsor visitors from overseas this is their own personal responsibility in accordance with UK Home Office immigration instructions. The Army normally takes no responsibility for supporting the UK visa process for relatives or friends who visit non-British soldiers and their families from overseas. Soldiers are advised to seek information from the UKvisas visitors information website. In addition, visitors should be advised to obtain adequate medical and travel insurance whilst they are visiting the UK or Germany/Cyprus. In particular, visitors may be charged for any medical treatment received from the National Health Service (NHS). More information is available from the Department of Health website, or by telephoning 44(0)20 7210 4850. It is normally a condition of a visitor’s visa that they do not carry out paid or unpaid work. Applicants and their sponsors are advised to check such matters (for instance in respect of visitors carrying out childcare) during the UK visa application process in order to ensure that if they wish to work that they apply for and are granted the appropriate visa. Individuals risk either fines or imprisonment if found guilty of employing an illegal worker. Where the visitor’s sponsor is a serving soldier and living in SFA, the soldier should seek prior permission from DE - Ops (Housing) in the UK in accordance with the terms of their licence to occupy. This requirement applies to all SFA licence holders’ regardless of nationality. Permission should be sought for stays of longer than 28 days. Visitors to Germany must be officially sponsored prior to arrival. Soldiers should seek advice from their UWO if unclear how this should be done. Soldiers in Germany should apply to Housing and Community Support Offices (HCSO) for permission for visitors to stay in SFA for periods of longer than 28 days. Children from Overseas. The Home Office regulates the entry of non-British children into the UK. Instructions cover children of birth parents, adoptive parents 17
and those travelling with an accompanying adult. This normally means that a child who has remained behind in his or her country of origin may not be able to live in the UK, if one parent is still living overseas. Exceptions include situations where the parent in the UK has sole responsibility for the child, or if there are special reasons why the child should be allowed to join the parent in the UK. Detailed advice and guidance is available on the UKvisas website. Soldiers serving in Germany considering adopting a child or extended family member from their country of origin, should seek advice through their units from G1 Branch HQ UKSC(G) prior to beginning an adoption application. This ensures that all relevant special educational or health needs relating to the child can be supported by the command in Germany. Marriage and Civil Partnership. Fiancé(e)s or proposed civil partners subject to UK immigration controls must get entry clearance before they travel to the UK by applying for a UK Marriage or Civil Partnership visa and demonstrate that they: • Plan to marry or register a civil partnership within a reasonable time (usually six months); • Plan to live together permanently after marriage or a registered civil partnership; • Have met each other; • Have somewhere for themselves and any dependants to live until married or have registered a civil partnership without help from public funds; and • Any dependants can be supported without them working or having to get help from public funds. Successful applicants will normally be granted a six months visa with prohibition of employment. After they have married or registered a civil partnership, they may apply to extend their stay in the UK. If BIA approves the application, they will be given permission to stay and work. If additional time is required to complete the marriage or civil partnership arrangements, individuals may apply for further leave to remain 28 days before the end of the current visa. For individuals marrying or entering into a civil partnership with a serving British citizen, different visa conditions apply. Details should be checked on the BIA website. If a soldier is planning to get married or register a civil partnership to a fiancé(e) or proposed civil partner who is subject to UK immigration controls already in the UK, the other party may need to apply for a Certificate Of Approval (COA) from the Home Office. COA details are available from the BIA website. If approved by BIA, individuals will normally need to give notice to marry or register their civil partnership to a registrar at a designated register office. 18
Section 11 Living – the basics Housing During initial training soldiers and their immediate family are not normally entitled to Army housing, normally known as Service Families Accommodation (SFA). Individuals are responsible during this time for making their own private arrangements to house their family, so they may choose not to bring them to the UK until initial training is complete. Prior to completing training soldiers may apply for SFA at their next unit. SFA is provided to enable a solider to house their accompanying immediate family (spouse/civil partner and dependent children) wherever they are assigned. The soldier signs the Licence to Occupy SFA and agrees to the conditions of that Licence, one of which is that the Licensee agrees not to assign, re-assign or share the property. If you have visitors staying longer than 28 days you will need to seek Defence Estates’ (your landlord’s) permission. Failure to adhere to the conditions of the Licence may lead to the licence being revoked. Most families from your unit will live together on an Army housing estate close to the work place. There is a monthly accommodation charge, which will depend on the type and grade of the SFA, its condition and access to local facilities such as shops. The charge is automatically deducted from the serving soldier’s pay. The average monthly charge for a married Private soldier with two children is about £200 and there is a further monthly charge of approximately £20 if you also have a garage. The charge for an Army house of the same type and grade will be the same irrespective of where in the world it is located. All occupants of Army housing have to pay a UK local government tax called Council Tax (the Army calls it Contribution in Lieu of Council Tax (CILOCT)). Council Tax pays for the local government community services such as refuse collection. This charge is about £80 per month and is the same wherever you live. It is deducted from a soldier’s pay along with any other accommodation charges. Occupants of SFA overseas are also required to pay CILOCT. If you have household possessions that you wish to bring with you to the UK, you must be able to pay for this yourself. The Army will not pay. Once you have set up home for the first time in an Army house, on assignment to another location the Army will provide removals service and/or storage, whichever is necessary at public expense. Depending on where you are living, your house will be heated by gas, electricity or oil. Cooking will be by gas or electricity. You must pay the charges yourselves direct to the relevant gas/electricity suppliers, and purchase oil from local distributors. Some of these suppliers offer cheap rates and bill payment schemes 19
so remember to ask the Unit Welfare Office for advice. If you elect to receive gas or electricity from a supplier other than the one appointed by Defence Estates you must ensure that the contract has a clause allowing you to terminate the agreement with 28 days notice. In Germany some people pay shared utility bills particularly where occupying communal blocks of flats. In some Army garrison areas the Army has made arrangements to provide electricity centrally so you will receive a bill from the Army. The average monthly cost is about £50. Furniture such as beds, tables and chairs will be provided should you wish, at additional cost, although you will need to provide your own household items such as kitchen equipment, sheets etc. Cookers are fitted in all houses. To assist you with the task of initially equipping a house you can ask for a pack of essential bedding, cutlery and saucepans called a “Get You In Pack”. This pack will tide you over until you have acquired your own items. You should note that there is no issue of any large electrical items such as a fridge, freezer or washing machines. The pack will only be issued on loan, and is to be returned complete within 6 weeks of issue. You must be able to provide your own household equipment beyond this date. You will have to rent or buy your own television and if you are in the UK you will require a licence to be able to watch it which currently costs £135 per year. You can arrange to pay this by monthly or quarterly instalments by Direct Debit. You are breaking the law if you are caught watching a television without a valid licence and you can be fined (up to £1000) or sent to prison. In the UK television licence application forms are available from the TV licensing authority website www.tvlicensing.co.uk In some areas you may also be able to rent/buy satellite or cable television but check with your unit to see if there are any restrictions. You are responsible for your own telephone charges and the cost of any calls. If you move into an empty house you will need to contact local telephone companies and agree connection and payment details. When you leave your SFA you are responsible for ensuring it is returned to Defence Estates (your landlord) in the same condition that you received it. Any damage you or your family has caused may be subject to bills being raised against you. Some areas operating cleaning schemes ask you unit welfare office or HIVE for more detail. Education The education of all children in UK is the responsibility of the Local Education Authority (LEA) with whom parents must make their own arrangements to place their children in school. In the UK, children normally have to attend school between the ages of 5 –16 years. For information on local schools in the UK contact Children Education Advisory Service (CEAS), who also provide assistance with applications for children to enrol at a given school, or your nearest HIVE, contact details of which are at the end of the guide. Overseas the MoD funds an agency called Service Children's Education (SCE) which is responsible for the 20
administration of Forces schools. SCE appoints qualified UK trained teachers to primary, middle and secondary schools. SCE schools follow the same pattern of education as those in England and Wales. Childcare for the under 3’s is not free whether provided by daycare or by a childminder. All four-year-olds and the majority of three-year-olds are entitled to a free nursery education place for up to six terms before they reach statutory school age. This entitlement is for five sessions of two and half-hours per week and normally spread over three eleven-week terms. Overseas, the MoD through the SCE provides free nursery education for all three and four-year olds. In addition, in Germany all garrisons have a number of Army Welfare Service daycare settings for children aged from a few months to the age of 4. There are also civilian pre-school groups near many Army housing areas that can be used and there are Army non- serving spouses or local civilians who are qualified child minders. Families, where appropriate, may find that improving their English can help them get more out of life in the UK. It will also help those who want to work, study, improve their CVs, or apply to become British citizens. Details on English for Speakers of Other Languages (ESOL) providers are available from the www.direct.gov.uk website, local education colleges, or for Service personnel or their families on accompanied service overseas, through Army Education Centres. If you have a dependant with a Special Educational, Additional Need, Disabilities or a Statement of Additional Need you should notify your unit so that the required support can be provided. For those who are assigned overseas, the MoD will try to provide the support and facilities that would normally be available in the UK. However, Overseas commands will need to be consulted before an assignment is confirmed to ensure that additional needs can be met. Unit Welfare Officers can provide further information. Healthcare The National Health Service (NHS) provides medical and dental care in the UK for your immediate family. Families may also be able to use the Army Primary Care Medical facilities in certain areas. Overseas, the Army provides a service similar to the NHS, or arrangements will be made for you to use a local private health care scheme. It should be noted that in the UK and overseas there are charges for medical prescriptions and dental treatment. As soon as possible after arrival in the UK, dependants should register themselves with a local doctor, commonly known as a General Practitioner (GP). Your local GP surgery will be able to provide a range of information relating to topics such as: Family Planning Ante-Natal Classes, Post Natal Support and Health Visitors. Health Visitors provide services to all families with children. Although many GP services are provided free of charge through the NHS, your immediate family may have to pay for non-essential services. Prescription charges apply to everyone except serving soldiers and: 21
• Children under the age of 16 • Young people under the age of 19 and in full time education • People who suffer from a specific range of conditions (see resources section of NHS Direct website). • Pregnant women and up to one year after the birth Current prescription charges start at about £6.85 per treatment. There may be reasons why you are unable to register with your chosen GP, for example, the practice may be full or you live too far away. If you have difficulty registering with a GP, the local Primary Care Trust (PCT) will be able to help. You can get the number from the phone book under Health Services or call NHS Direct on 0845 4647 or visit www.nhsdirect.co.uk Dental Care for spouses and children can be provided under the NHS, although due to high demand, NHS dental services are difficult to find. NHS Direct (0845 4647) can provide you with details of local dentists accepting NHS patients. Some people chose to pay for private dental treatment details of those offering Service discounts can be found in the Defence Discount Directory. Employment The UK immigration status normally granted to Exempt Armed Forces Dependants allows them to seek employment in the UK. If they do so, they will then be liable to pay UK Income Tax and National Insurance in the same way as British citizens including any requirements for Criminal Record Bureau Checks. In Germany, although the NATO Status Of Forces Agreement limits the employment of non-UK nationals in some areas, there are approximately 200 non-British dependants employed within the British Forces community in Germany. Non-British dependants wishing to seek employment on the local German economy may have to obtain the necessary authorisation from the German authorities and advice on this and other employment matters is available from local Garrison Labour Support Units (GLSU). Eligible family members in the UK can apply for a NI number by telephoning the Jobcentre Plus NI number allocation service UK helpline on 0845 600 0643. Families on accompanied service overseas should seek guidance through Garrison Labour Support Units in Germany or the Civilian Labour and Recruitment Office in Cyprus or by contacting the Department for Work and Pensions for application forms. Contact Details: DWP (Department for Work and Pensions), Glasgow Benefit Centre CCU, Floors 5&6, Portcullis House, 21 India Street, G2 4PH, Telephone Number 0044 191 225 7949, Website www.dwp.gov.uk (DII account required). For those seeking information on the portability of employment qualifications from overseas the UK National Academic Recognition Information Centre provides information on checking how qualifications compare to similar British qualifications. Details are on their website at www.naric.org.uk 22
Access to UK State Benefits and Allowances (No Recourse to Public Funds) Where eligible and in the UK, the serving soldier’s immigration status normally enables them to claim family benefits such as Child Benefit, Child Tax Credit and Working Tax Credit on behalf of their family 4 . For dependants in work, ‘Public funds’ does not include work-related benefits, which are based on National Insurance contributions such as incapacity benefit or statutory maternity pay. For other family members there may be UK Home Office constraints on accessing UK State benefits because of their immigration status. This is the same as other non- UK nationals subject to an immigration control, which includes the restriction ‘No recourse to public funds'. It is normally a condition of such families’ UK entry clearance that their sponsor (the serving soldier) provides this support. This does not normally prevent access to UK emergency health or education support. Those requiring clarification of their eligibility to claim a particular entitlement fund should contact the department or agency that issues it. Some countries have social security agreements with the UK, which may give eligibility to certain benefits. Individuals can check their eligibility through either their local Jobcentre Plus in the UK or the Department for Work and Pensions (DWP) or Jobcentre Plus websites: www.dwp.gov.uk or www.jobcentreplus.gov.uk. Non-British citizens who are also non-EU citizens assigned to Germany have no eligibility to German Kindergeld a German form of Child Benefit only paid by the German authorities to eligible EU nationals. UK State Benefits The following guidance is offered to non-British soldiers exempt from immigration control: • Child Benefit (CB) CB is a tax-free regular payment made to anyone bringing up a child or young person. It is not affected by income or savings so most people who bring up a child or young person can get it. Soldiers meeting the criteria may claim the allowance in accordance with the guidance on the HM Revenue & Customs website. • Child Tax Credit (CTC) CTC is a means-tested allowance for parents and carers of children or young people who are still in full-time non- advanced education or approved training. To qualify an individual does not have to be the child's parent but must be the main person responsible for them. Soldiers meeting the criteria may claim the allowance in accordance with the guidance on the HM Revenue & Customs website. • Working Tax Credit (WTC) WTC is a payment to top up the earnings of low paid working people (whether employed or self-employed), including those who do not have children. WTC helps to make work pay for low 4 Those serving accompanied overseas are advised to confirm eligibility for benefits with the overseas helpline of the UK Government Department concerned, bringing any issues to the attention of their units. 23
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